Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 339-31

Filed 01/31/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

DUANE McCLAIN and ALES IA MILES, Individually and on

) ) )

behalf of other similarly
. situated employees,

) Case No. 1:05-CV-0416
)

vs.
INC. ,

Plaintiffs,

)

)

HEARTLAND HOME FINANCE,

¡ (C(QlPlf
)

Defendant.

)

THE DEPOS IT ION OF RACHELLE OTT MONDAY, AUGUST 22, 2005
.",,,,,!,, "'~~

The deposition of RACHELLE OTT, called by the
~laintiffs for examination pursuant to the Federal

Rules of Civil Procedure, taken before me, the
~ndersigned, Elaine S. Newlin, Registered

Professional Reporter and Notary Public within and

for the State of Ohio, taken at the offices of Cady
Reporting Services, Inc., 55 Public Square, Suite

1 2 2 5, C i eve i and, 0 hi 0 , co mm en c i n gat 1 0 ~ 0 9 a. m. the

day and date above set forth.
CADY REPORTING SERVICES, INC.

I
YOUR COMPLETE LITIGATION SUPPORT

55 Public Square, Suite 1225 Cleveland, Ohio 44113 (216) 861 -9270 1 -888-624-CADY(2239)
Email: cadystafftcadyreporting.com

Case 1:03-cv-02485-MSK-PAC

Document 339-31

Filed 01/31/2006

Page 2 of 3

13
1

My question to you LS, LS it your

2 3
4

responsibility to make sure that each loan

officer receives a draw every pay period of

$500?
A
Q

5 6
7 8

No.
Is that the branch manager's responsibility?

A
Q

Yes.
And it's the branch manager's responsibility to
indicate whether or not the loan officer gets a
full draw or a partial draw?

9

10 11 12
e",,"''":'',

A
Q

Correct.
Do you ever question the branch managers about

1¥~'

13
14

why, for example, a loan officer may receive a partial draw, or is that completely up to the
branch manager?
A

15

16
17 18

No.

That, it would be up to me to question if

they listed a partial draw.
Q

Under what circumstances would a partial draw
be acceptable under Heartland's policies?

19

20

A

If they started their employment or terminated
in the middle of a pay period.

21
22
Q

Are those the only ci rcumstance s?

.

23
24

A
Q

Yes.
On this payroll top sheet for loan officers,

25

does the branch manager indicate how many hours

l-7\flV DL'DfìD'lTl\T(" QL'DUTr'L'Q Tl\Tr'

Case 1:03-cv-02485-MSK-PAC

Document 339-31

Filed 01/31/2006

Page 3 of 3

35
1

conversations with?
A
Q

2 3
4

No.
Do you have any way of finding that out?

A
Q

No.
You don't recall which manager you contacted?

5 6
7 8 9

A
Q

No.
Have you received any other questions or
inquiries or complaints regarding overtime?

A
Q

No.
No?

10 11
12
.'...0'.,.'.. '4JJJ¡n)t

A
Q

No.

Sorry.

Okay.

Are you aware if there iS

13
14

anybody at Heartland Home Finance who tracks
the loan officers i time

and I'm talking more
who actually tracks

15

about a corporate level

16
17
18

the loan officers i time on their time sheets

and makes sure that they i re being paid appropriately?
MR. POCKRASS:
Obj ection.

19 20 21 22
Q

That i s

a complex question.

You can go ahead and answer.

A
Q

It i s the responsibili ty of the branch manager.
You're not aware of that responsibility lying
with anybody at corporate?

.

23
24

25

A

No.

rnnv R~pnRTTN~ ~~RVTr~~ TNr